ENFORCEMENT AND PERMITTING PROCEEDINGS

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At Hessian & McKasy, P.A., we counsel our clients as to how to prepare for and respond to government inspections. When an inspection reveals a potential violation, we work with our clients in promptly addressing the issues so that penalties and expensive enforcement actions will be minimized. We also assist clients in addressing corrective action requirements. We work with clients to develop tailored environmental audit programs and environmental management systems to minimize potential violations and to ensure speedy correction of any identified issues or concerns.

Federal and state environmental statutes and regulations require parties to obtain certain environmental permits prior to commencing or changing certain operations. For example:

Businesses that produce wastewaters that are to be discharged to the sewer may need to obtain a wastewater discharge permit from the entity that is responsible for the operation of the sewer system and manages the Publicly Owned Treatment Works (POTW).

Manufacturers whose operations produce air emissions may be required to obtain an air emissions permit from the state or local agency charged with permitting such operations. Often a detailed technical review of equipment, operational schedules and plant capacity is required to determine if a permit is needed.

Any business that generates hazardous waste – waste that is toxic, corrosive, flammable, reactive or contains certain listed hazardous components – may need to obtain a license or permit to produce the waste and to ensure that these materials are being properly managed at permitted facilities.

A developer may need to obtain a stormwater construction permit to ensure that runoff from exposed soils is contained on site and does not flow to any nearby waters. Most permits require that a Stormwater Pollution Prevention Plan (SWPP) be prepared prior to commencement of site preparation.

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RECENT NEWS

Agencies use guidance to make policy. Guidance can be developed and implemented quickly. When agencies use guidance instead of the more formal rulemaking process, they risk Court review and a finding that the guidance is an unpromulgated use. One example of Agency guidance is the Minnesota Pollution Control Agency’s Best Management Practices for Vapor Investigation and Building Mitigation Decisions.

Joseph Maternowski, was named Best Lawyer in the fields of Environmental Law and Litigation – Environmental in Minnesota by Best Lawyers® in 2018. Mr. Maternowski, a shareholder at the Hessian & McKasy law firm in Minneapolis, Minnesota, concentrates his practice on handling the environmental aspects of real estate and commercial transactions with an emphasis on managing the issues […]

NOTE: **Being named to the list or receiving the award is not intended and should not be viewed as comparative to other lawyers or to create an expectation about results that might be achieved in a future matter.